This affidavit may be executed by the plaintiff, his agent or attorney, or someone having knowledge of relevant facts. Tex. R. Civ. P. 658. Even though Tex. R. Civ. P. 658 permits the plaintiff’s attorney to execute this affidavit, the manual committee recommends that the attorney not execute any affidavit for a client; see sections 8.3:2 and 19.17:3 in this manual. See Tex. Civ. Prac. & Rem. Code § 63.001 for statutory affidavit requirements.
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
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Use the same caption as in the application for writ of garnishment at form 8-1. |
Affidavit for Prejudgment Writ of Garnishment
BEFORE ME, the undersigned authority, on this day personally appeared [name of affiant], who swore on oath that the following facts are true:
“I am [Plaintiff/[other capacity, e.g., credit manager of Plaintiff]] in this cause. [Include if affiant is agent: I am authorized to make this affidavit and to apply for a prejudgment writ of garnishment in this cause.]
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Select one of the following. |
“I have personal knowledge of the facts stated in this affidavit, and they are true and correct.
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Or |
“I make this affidavit on information and belief. The basis for that belief is the following: [state specific grounds for belief].
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Continue with the following. |
“In this suit, now pending in this Court, Plaintiff has filed an action against Defendant alleging [describe type of action, e.g., an unpaid debt based on a secured promissory note].
“This debt is just, due, and unpaid. Within my knowledge, Defendant does not possess property in Texas subject to execution sufficient to satisfy the debt. This garnishment is not sought to injure Defendant or Garnishee.
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State specific facts relied on by the plaintiff to warrant issuance of the writ. The following paragraph is a sample allegation; the actual allegations must be drafted to fit the facts. |
“Defendant has stated to me that he is conducting a going-out-of-business sale, that he has sold Plaintiff’s collateral, that he does not intend to pay any of his creditors, and that he plans to move out of the country in two weeks. In the past, Defendant has often promised to pay Plaintiff but has failed to do so.
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Continue with the following. |
“In the suit against Defendant, Plaintiff has alleged that Defendant has damaged Plaintiff in the amount of $[amount]. Plaintiff should be permitted to garnish property of Defendant in that amount.”
[Name of affiant]
Affiant
SIGNED under oath before me on ________________________________.
Notary Public, State of Texas